G.R. No. L-3976. June 10, 1953
VICTORIA DESBARATS MIAILHE, PETITIONER, VS. JOSE VIVENCIO RAMIREZ, ET AL., RESPONDENTS.
JUGO, J.:
mortgage against Jose Vivencio Ramirez, Rita Esperanza Ramirez, Jorge
Pedro Ramirez, Jose Eugenio Ramirez, Belen Tomasa Ramirez, Ramos
Anastacio Ramirez and Angela M. Butte for the sum of TWO HUNDRED
THOUSAND PESOS (P200,000) with interest at the rate of 6% per annum from
March 10, 1945, up to the time of payment, plus interest upon accrued
interests and attorney’s fees of 2% on the total amount due, alleging,
among other things, that Executive Order No. 25, dated November 18, 1944
as amended by Executive Order No. 32 dated March 10, 1945, and Republic
Act No. 342, approved July 26, 1948, providing for a moratorium on all
debts and other monetary obligations are null and void for being
unconstitutional, and praying that said Republic Act and Executive
Orders be declared unconstitutional and null and void and that judgment
be rendered for the sums above-stated against the herein defendants.
The defendants filed a motion for dismissal on the ground that
the complaint did not state a cause of action in that the debt alleged
therein was not due and payable by reason of the moratorium established
by the above-mentioned Republic Act and Executive Orders. The Court of
First Instance of Manila issued an order dated May 13, 1950, granting
the motion for dismissal. The plaintiff appealed to this Court.
It is no longer necessary to consider the questions raised with
regard to the moratorium for the reason that in the case of Royal L.
Rutter vs. Placido J. Esteban, G. R. No. L-3708, promulgated on May 18,
1953, and several other cases this Court has declared that said Republic
Act and Executive Orders establishing moratorium are unconstitutional
and, therefore, null and void.
IN VIEW OF THE FOREGOING, the order of dismissal entered by the
court below is hereby reversed and set aside, and this case is ordered
returned to said court for further proceedings in accordance with this
opinion, without pronouncement as to costs in this instance.
Paras, C. J., Pablo, Bengzon, Tuason, Montemayor, Reyes,
Bautista Angelo and Labrador, JJ., concur.